Evidence

Question 1

Eliminating unjustifiable expense and delay

Answer 1

Judicial Efficiency

Question 2

Who has the burden of proof

Answer 2

the state

Question 3

Deduction which the law requires a trier(jury) of fact to make or a conclusion that may be drawn

Answer 3

Presumption

Question 4

A deduction which the law allows a trier of the fact to make or a conclusion that may be drawn

Answer 4

Inference

Question 5

any species of proof, or probative matter, legally presented at teh trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc. for the purpose of inducing belief in the minds of the court or jury as to their contention

Answer 5

Evidence

Question 6

evidence that directly proves a fact, without resorting to inferences or presumptions.

Answer 6

direct evidence

Question 7

evidence bearing on various circumstances from which a judge or jury can infer the occurrence of the fact in dispute or evidence which tends to establish the fact in dispute by proving another fact.

Answer 7

circumstantial evidence

Question 8

first hand knowledge, present ability to recall and recount, must understand significance of the oath

Answer 8

in order for an ordinary witness to be competent/qualified to testify at any trial, he/she must meet three criteria:

Question 9

Material and probabilistic value

Answer 9

what makes evidence relevant

Question 10

Evidence which is ____ relevant is ____ admissable

Answer 10

Not, not.

Question 11

probative value substantially outweighed by the danger or unfair prejudice, confusion of the issues, misleading the jury, or undue delay, waste of time or needless presentation of cumulative evidence.

Answer 11

reasons that may cause relevant evidence to be excluded/suppressed at trial

Question 12

effect of evidence; the establishment of a fact by evidecne

Answer 12

proof

Question 13

the cognizance of certain facts or laws, not subject to reasonable dispute, which judges and jurors may properly take and act upon without proof, because it is either generally known within the territorial jurisdiction of the trial court or capable of accurate and ready determination by resort to sources whose accuracy cannot be reasonably questioned

Answer 13

judicial notice

Question 14

unusual method of examining witnesses is by oral questioning in open court after they have been sworn

Answer 14

direct examinatino

Question 15

principal means by which believablity of a witness and the truth of his testimony are tested

Answer 15

cross-examination

Question 16

offered to prove the truth of the matter asserted

Answer 16

hearsay

Question 17

present sense impression, excited utterance, recorded recollection, public records, business records, vital statistics, records kept by religious organizations, reputation as to character, dying declaration, former testimony

Answer 17

Exceptions to the prohibition on hearsay

Question 18

lawyer and client, public safety employee and peer support team, spousal, confessor and priest, state and the informant, self incrimination, news person and source

Answer 18

Testimonial privileged recognized by the court